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City of Joliet v. New West L.P.

Nos. 08-3032 & 08-3033 (7th Cir. April 9, 2009) (rejecting claims by owner, tenants and HUD that City’s state court eminent domain action to condemn for other uses a property being preserved under Mark to Market Restructuring plan was preempted by federal law); prior opinion New West, L.P. v. City of Joliet, 491 F.3d 717 (7th Cir. 2007) (reinstating owner’s Supremacy Clause, civil rights and fair housing claims against city, which seeks to use eminent domain to condemn a multifamily property that HUD approved for MAHRAA restructuring; subsequently, tenants seek to intervene on consolidated interlocutory appeal; note that HUD removed City’s condemnation action to federal court in separate action).

City of Joliet v. New West, LP (7th Cir. April 2009 Evergreen Terrace) (PDF)

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